R.S.Bachawat, J. - (1.) Appeals Nos. 45 of 1955 and 100 of 1955 from original decrees have been heard together.
(2.) Appeal No. 45 of 1955 is against a decree passed by Bose J., in suit No. 3434 of 1952 instituted by B. N. Ellas and Co. Ltd., against Aryan Mining and Trading Corporation Limited. Appeal No. 100 of 1955 is against a decree passed by Bose J., in suit No. 3433 of 1952 instituted by the Agarpara Co. Ltd., against Aryan Mining and Trading Corporation Limited. B.N. Elias and Co. Ltd., is the Managing Agent of the Agarpara Co. Ltd.
(3.) Both the suits were heard together by Bose J, He delivered his main judgment an suit No. 3434 of 1952 and a subsidiary judgment in the other suit. Both the appeals have been heard together; This judgment is intended to cover both appeals.;